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61 Special Disclaimer. CONTENT, DATA, SAMPLES. HOT FIXES, PATCHES, UPDATES, ONLINE SERVICES
<br /> PROVIDED ON A NO-FEE BASIS. SELF-PACED E-LEARNING, AND EVALUATION AND BETA SOFTWARE ARE
<br /> DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND.
<br /> 6.3 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A
<br /> NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (1) THE INTERNET IS NOT A SECURE
<br /> INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (iii) NONE OF THE
<br /> PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE
<br /> PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE
<br /> REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE
<br /> SERVICES.
<br /> 6.4 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL
<br /> OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
<br /> NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
<br /> RIGHTS. ESRI DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S
<br /> OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT-TOLERANT, OR FAIL-SAFE; OR
<br /> THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED,
<br /> MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO
<br /> DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. LICENSEE SHOULD
<br /> NOT FOLLOW ANY ROUTE SUGGESTIONS THAT APPEAR TO BE HAZARDOUS, UNSAFE, OR ILLEGAL. ANY
<br /> SUCH USES SHALL BE AT LICENSEE'S OWN RISK AND COST.
<br /> 6.5 Exclusive Remedy. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in
<br /> this Article 6 shall be limited, at Esri's sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a
<br /> workaround for Software or Online Services subject to the Esri Maintenance Program or Licensee's authorized distributor's
<br /> maintenance program. as applicable; or (iii) return of the license fees paid by Licensee for Software or Online Services that
<br /> do not meet Esri's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or
<br /> Documentation; ceases using Online Services; and executes and delivers evidence of such actions to Esri or its authorized
<br /> distributor.
<br /> ARTICLE 7—LIMITATION OF LIABILITY
<br /> 7,1 Disclaimer of Certain Types of Liability. ESRI, ITS AUTHORIZED DISTRIBUTOR, AND ITS LICENSORS SHALL
<br /> NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST
<br /> PROFITS, LOST SALES. OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF
<br /> ANY GOODWILL; OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
<br /> OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS, HOWEVER CAUSED ON ANY
<br /> THEORY OF LIABILITY, WHETHER OR NOT ESRI, ITS AUTHORIZED DISTRIBUTOR, OR ITS LICENSORS
<br /> HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY
<br /> NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
<br /> 7.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 8—INFRINGEMENT INDEMNITY, THE
<br /> TOTAL CUMULATIVE LIABILITY OF ESRI AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER, FROM ALL
<br /> CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING
<br /> NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE,
<br /> SHAT .I NOT F.XCEFT) TI-IF AMOUNTS PAIL) RV I:ICENSPF FOR THE PRODUCTS OR MAINTENANCE THAT
<br /> GIVE RISE TO THE CAUSE OF ACTION.
<br /> 7.3 Applicability of Disclaimers and Limitations. The limitations of liability and disclaimers set forth in this License
<br /> Agreement will apply regardless of whether Licensee has accepted Products or any other product or service delivered by Esri
<br /> or its authorized distributor. The parties agree that Esri or its authorized distributor has set its fees and entered into this
<br /> License Agreement in reliance on the disclaimers and limitations set forth herein, that the same reflect an allocation of risk
<br /> between the parties, and that the same form an essential basis of the bargain between the parties. THESE LIMITATIONS
<br /> SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
<br /> REV: 07-15-16 RL
<br /> ATTY/AGR.2016.189/ESRI Software License Agreemenf 24
<br /> Agreement
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